Films depicting people “streaking” or skinny dipping usually don’t involve law enforcement. However, the reality is if you expose yourself in any public place it could lead to an arrest for indecent exposure. Colorado defines the crime of indecent exposure as any person flashing their genitals or masturbating in public. Although the crime is relatively nonviolent, expect to face harsh penalties if you’re convicted of indecent exposure.
Indecent exposure is classified as a misdemeanor and could result in incarceration as well as an expensive court fine. The best way to beat your indecent exposure charge is to hire and retain an experienced Colorado sex crimes defense lawyer as soon as possible. An attorney can examine the facts of the case until they’ve developed a strong defense plan that could help you avoid the full statutory penalties. If you or someone you know has been arrested for indecent exposure or any other sex crime, get in contact with Law Office of Matthew A. Martin, P.C..
Indecent Exposure Defense Attorney in Denver, CO
Most indecent exposure cases are because the offender was inebriated or had no idea they were in public. Despite this fact, prosecutors won’t hesitate to press charges if there is enough probable cause of indecent exposure. Fight back by retaining knowledgeable legal counsel with Law Office of Matthew A. Martin, P.C.. Attorney Matthew Martin has decades of experience on both the prosecution and defense. He can utilize this information to anticipate the prosecution’s case.
Set up your first consultation with Law Office of Matthew A. Martin, P.C. by calling our office at (303) 725-0017. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including Adams County, Arapahoe County, Douglas County, Boulder County, Jefferson County, and Broomfield County.
What Qualifies as Indecent Exposure?
Colorado defines the crime of indecent exposure under the Revised Statutes 18-7-302. The statute states a person can be charged with indecent exposure if they do the following:
- Knowingly expose their genitals to a person or the public for a sexual purpose, which caused alarm to the other person or the general public
- Knowingly masturbated in front of a person or the public intended to offend or alarm the other person or the general public
In Colorado, masturbation is defined as the real or simulated touching or rubbing of a person’s own genitals or pubic area. The act is still considered indecent exposure regardless of whether the offender was clothed or not. Even only pretending to masturbate is a crime as it is likely to offend or alarm the general public.
The intent and location of the offender are very important in regard to the crime. If the offender exposed themselves in a place that’s not frequented by the general public, then they might escape indecent exposure charges. For instance, if a person takes off their clothes to sunbathe in a secluded hiking location, then they likely won’t face indecent exposure charges. The reason for this is they didn’t knowingly expose their genitals to another.
What is the Penalty for Indecent Exposure in Colorado?
The severity of the penalty for indecent exposure will depend on your criminal history. A first-time offense for indecent exposure is a class 1 misdemeanor. The maximum sentence a person can receive for a class 1 misdemeanor includes:
- Up to 18 months in jail
- A fine of up to $5,000
Having two prior indecent exposure or comparable offense convictions will reclassify the crime to a class 6 felony. Sentencing for a class 6 felony includes:
- Up to 18 months in prison
- A fine of up to $100,000
In addition to the penalties above, Colorado requires offenders convicted of indecent exposure to register with the Colorado Bureau of Investigations (CBI). As a sentencing condition, offenders must provide information to their local Sheriff’s office so it can be uploaded to the sex offender registry. They will then be required to register as a sex offender annually or quarterly depending on their sentencing.
RAINN | Rape, Abuse & Incest National Network – Visit the official website for the non-profit organization against sexual violence known as RAINN. Access the site to read up on statistics for sexual violence, how to use their national hotline, and other valuable information.
Colorado Laws on Indecent Exposure | CRS– Visit the official website of the Colorado Revised Statutes to read their laws on indecent exposure and other sexually motivated offenses. Access the legislation to learn the penalties for indecent exposure, public indecency, and other comparable offenses.
Denver Defense Lawyer for Indecent Exposure in Colorado
If you or someone you know is facing a charge for indecent exposure, it’s time you get started building a defense. Call Law Office of Matthew A. Martin, P.C. to learn your legal options and speak to an experienced Denver indecent exposure attorney today. Matthew Martin has years of experience and extensive resources at his disposal that may be of use for your case. Call now to set up an appointment so your charges are reduced or dismissed.
Call (303) 725-0017 to set up your first consultation free.